Many of us are struggling with debts. Younger generations, older generations. In fact, all generations are embroiled in some debts, some less, some more. This is not always due to broadly understood financial capacity. Sometimes debtors are people who according to the law should not be. Younger generations are in a more difficult situation, because the freshness of debts, contracted commitments and a modern, complicated procedure of granting loans makes this debt most often payable. Check when the debt is time- barred .
Limitation of debt
However, as far as older generations are concerned, the case is unusual because many of their debts can no longer be enforced, for example in court. Where do these discrepancies come from? Well, this is due to the statutory provision, in which the letter of the law provides that the limitation period is six years, and for periodic and business-related claims – three years.
At the moment when the creditor, which due to the passage of time is often a debt collection company, brings an action to the court, demanding repayment of the debt, the debtor may invoke the charge of limitation and the court should dismiss the claim at this time. It is very important, however, that the court will not take such action for ourselves, which is why our interference is necessary to avoid unpleasant consequences.
When it comes to the complexity of the matter, it is extremely important to remember that if we have repaid a claim that has been barred, we cannot request a refund. In addition, the Civil Code reserves situations in which the limitation period may be stopped. For example, when we undertake negotiation activities to colloquially catch up, whether with a bank, debt collection company or anyone else, we admit that the debt exists and the limitation period begins again. Unfortunately, these actions are tantamount to debt recognition by the debtor. In addition, the limitation period may also be interrupted at the moment when the creditor takes the case to court, starts mediation or calls for a settlement.
Reaching an agreement with the creditor – is it possible?
In most cases, however, creditors claim debt in the form of written requests to repay the debt . Such letters do not interrupt the limitation period.
As elsewhere, it may be useful to say that ignorance of the law is harmful. On the one hand, the debtor, wanting well after numerous calls from creditors, debt collection companies, etc., may want to try to get along with creditors, while harming himself.
Moving on to the merits, in the letter we address to the debt collection company, the most important thing is to mark the possibility of raising an objection of limitation. This allegation is directed against claims for: “imposed penalty for driving without a ticket by bus number …”, “unpaid loan number …, granted on …”. However, this complaint is only raised at the stage of the trial. A debt collection company should usually be simply informed about the awareness of the lack of payment requirement for paying off a given debt. These companies very often process old, poorly documented debts in order to earn so-called easy money. Based on the low legal awareness of citizens, there is a high probability that their calls will achieve the desired effect. In this case, however, you must demonstrate knowledge of civil law and indicate that the debt has expired in connection with Article 118th of the Civil Code.
Call for payment, under threat of going to court
Going aside the discussed case, it is also very common for debt collection companies to send requests for payment, under threat of going to court. These calls often fail to discuss the actual obligation that the debt is related to. Instead, these companies use a cession of receivables agreement, which really does not result in anything, and this simply raises more questions in the mind of the average consumer. Each request for payment must indicate the contract under which the debt was incurred. The assignment agreement is certainly not.
Therefore, if you want to start any considerations about the feasibility of a debt at all, you should ask the sender for a letter requesting payment to send the contract with the original creditor. Otherwise, the debtor does not even know what to refer to, because on the basis of a typical letter from a debt collection company, it could go to any person unrelated to the case and would result in the same amount.
To sum up, people trying to recover debt nowadays are most often characterized by a lack of substantive approach to the matter and are based on the low legal awareness of their recipients. They count that by raising timidly received phrases such as “pleadings” or “referral to court”, they are frightened to the point that instead of rationally thinking about the subject, they think that they are guilty of money and they will try to reach an agreement, although they do not have to!
Let us remember that many legal writings that sound wise at first are actually structured in such a way that we believe in the rationality and legitimacy of a given letter.